Victim Assistance
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Section Six
Victim
Assistance
 Dynamics of Domestic Violence
 Special Populations
 Role Plays
 Community Policing
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LESSON PLAN COVER SHEET
TITLE OF INSTRUCTION:
VICTIM ASSISTANCE
TARGET GROUP:
BASIC POLICE RECRUITS AND POLICE OFFICERS
TIME ALLOTTED:
SIX (6) HOURS AND 30 MINUTES
METHOD OF INSTRUCTION:
LECTURE - DISCUSSION – HANDOUTS – SMALL
GROUP WORK – CLASS EXERCISES -- ROLE PLAYS
TRAINING AIDS:
POWERPOINT SLIDES
LCD PROJECTOR AND COMPUTER OR HANDOUTS
FLIP CHART OR CHALKBOARD
INSTRUCTOR REFERENCES:
SEE FOOTNOTES
STUDENT REFERENCES:
STUDENT HANDOUTS
DATE PREPARED:
05-30-97
DATE REVISED:
6-30-08
PREPARED BY:
TENNESSEE DOMESTIC VIOLENCE STATE
COORDINATING COUNCIL
GOAL: To improve officers’ understanding of the dynamics of domestic violence, including the unique issues
associated with special populations. To understand how community policing affects police responses to domestic
violence.
INSTRUCTIONAL OBJECTIVES:
At the conclusion of 6.5 hours of instruction, the student will:
1.
2.
3.
4.
5.
6.
7.
Identify why police officers need to understand the dynamics of domestic violence.
Understand the central importance of coercive control in battering relationships.
Correctly identify three reasons why victims sometimes stay in abusive relationships.
Correctly identify three things that do NOT cause batterers to engage in domestic violence.
Understand the relationship between domestic violence and child abuse.
Understand the relationship between domestic violence and animal abuse.
Identify the unique barriers to service and specific issues related to law enforcement response with special
populations of victims including people with disabilities, the elderly, teens, minority women, males, rural
victims, same sex couples, immigrants, trafficking victims, and homeless women.
8. Define elder abuse and identify legal requirements associated with reporting.
9. Identify how frequently police officers engage in domestic violence, barriers to service for their victims, and
specific issues related to law enforcement response with this special population.
10. Define community policing, identify the two core components, and discuss how it is related to addressing the
issue of domestic violence.
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11. Demonstrate their ability to investigate domestic violence cases and apply the laws while attending to victim
needs by participating in role play scenarios.
12. Provide two examples of community policing as it relates to domestic violence and identify how using this
approach improves law enforcement responses to domestic violence.
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LESSON PLAN
1) Review of Legal Obligations
A) Notify the victim that bond is possible after and arrest for domestic assault or
assault, or aggravated assault.
B) Offer to transport the victim to a place of safety or arrange for transportation.
C) Offer to transport the victim to the location where arrest warrants are issued.
D) Advise domestic violence victims of shelter or other services in the community.
E) Give the victim a copy of the victim’s rights statement.
2)
Dynamics of Domestic Violence:
A) This section will help officers understand the overall nature of the problem.
Officers are better equipped to deal with domestic violence cases if they
understand the dynamics associated with the phenomenon.
B) A lot of acts associated with battering are not subject to legal intervention (e.g.,
emotional abuse and controlling behavior).
C) Experts are beginning to distinguish between batterers who engage in an
occasional act of violence and those who use a pattern of coercive control to
engage in acts against their victim. As we begin to learn more about the
diversity of battering relationships, we are beginning to realize that we need to
distinguish between these types of abusive relationship; however, we are not to
the point that we can do this effectively.
3)
Definition of Battering:
A) This is a sociological definition, not a legal definition.
B) It is a pattern of coercive control whereby batterers (who are usually men) use
physical, sexual, and emotional abuse to exercise power over their victims (who
are usually women).1
4) Power and Control Wheel Exercise (20-30 minutes)
Materials: Students need a copy of the Power and Control Wheel that only has the
main categories in each area of the wheel.
Facilitator: Give each group a copy of the Power and Control Wheel that only has the
titles of the abuse in each section of the wheel. Depending on the size of the class,
either assign sections of the wheel to each group or ask all groups to list examples in
each area. Give them about 15 minutes to develop their lists, and then have the groups
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share their descriptions. After sharing observations about each area, give them the
handout with the full wheel and determine if there are examples that the groups did not
identify.
Instructions for Participants: Make a list in each of your assigned area(s) that describes
as many actions as you can think of for each area in the wheel. Have one member of
your group write them down.
Explain that the Wheel was developed by the Domestic Abuse Intervention Project in
Duluth, Minnesota. It helps demonstrate the ways that various types of abuse function
as part of a pattern of coercive control. The “outer” parts of the wheel (physical and
sexual abuse) are more visible and more apt to be related to legal infractions. The use
and threat of physical and sexual abuse, and the fear of these types of abuse, helps
reinforce an over-all pattern of abuse that is represented by the inner portions of the
wheel. Explain how these acts of coercive control contribute to keeping battered women
in the abusive situation and answer the difficult question: Why does she stay?
5) Why She Stays?
Note: Many of these things may have already been covered during the Wheel Exercise
just completed.
A) Acknowledge that it is a complex issue. Many people have trouble
understanding why battered women stay. They think the problem can simply be
addressed if she just “leaves”.
B) Even if all the battered women just left, it doesn’t solve the larger social problem.
It just means that abusers move on to other victims.
C) Perhaps the more appropriate question is: Why won’t he let her go? Many
battered women stay because he won’t let her go. Battered women are most
likely to be assaulted and/or murdered when they leave or end the
relationship. Hence the widely used phrase, “if I can’t have her, no one can”.
D) Dependence on Batterer – Batterers may:
i)
ii)
iii)
iv)
v)
vi)
Keep victims dependant so she won’t/can’t leave
Keep victims from working, going to school or taking any independent actions
Disable her vehicle or not allow her to have access to one
Isolate her from friends and family members
Disable or remove telephones
Keep his partner pregnant making it harder for her to leave
E) Money: Victims may be in a situation where the abuser controls the finances
and all assets are in his name
i) Be financially dependent upon him
ii) Lack employment opportunities
iii) Have to account for any money spent
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iv) He may use money to control her in a variety of ways
F) Shame: Victims may be embarrassed because of the social stigma of a failed
relationship and/or marriage.
i) May view it as a personal failure.
ii) May be embarrassed if the man appears to be a “good catch”. Others may not
know about the abuse.
iii) May be embarrassed to tell anyone about the abuse.
iv) May think it is their fault.
v) Lack support from family members and/or friends which can increase feelings
of shame.
vi) Think that it doesn’t happen in families “like mine”.
G) Children: Victims may:
i) Be afraid for the safety of their children
ii) Worry about custody and/or visitation issues
iii) Feel that the children “deserves” their father, even if he is abusive toward
their mother
iv) Feel it is a sin to leave and/or divorce
v) Be threatened with harm to the children if they try to leave
vi) Fear loss of custody
vii) Have had their children “snatched” by the abuser and threatened never to see
the children again
H) Hope and Love: Victims may:
i) Hope the abuser will change
ii) Feel they can help the batterer change.
iii) Still love the batterer (Not all batterers batter constantly. Sometimes he can
be loving and caring – the man she fell in love with.)
iv) Believe the batterer when he apologizes and says it will never happen again
v) Think that if she is a better spouse or partner that the abuse will stop
I) Social and Religious Pressure:
i)
ii)
iii)
iv)
Lack family support
Believe marriage is “for better or worse” and until “death do you part”
Believe batterers who use scripture to justify their actions
Be advised by misguided clergy that they should endure the abuse, stay for
the sake of the marriage and/or children, or find ways to be a better wife so
the abuse will stop
J) Fear
i) The power of fear to keep a woman in an abusive relationship is immense.
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ii) When a victim says she is afraid to leave, she has reason to be afraid.
Battered women are most likely to be assaulted and/or murdered
when they leave or end the relationship.
iii) This is why social institutions must help victims find a safe way to leave the
situation.
K) Leaving is a process!
i) Most victims find a way out of the violent relationship.
ii) Sometimes they do not do it on the time frame that others expect.
iii) In this respect, battering relationships are like any other relationship. Most
people do not break up the minute that something goes wrong. People break
up, try to change things in the relationship, and try new things. This process
is often repeated as we “work” on the relationship.
iv) Many of us stay in relationships we know are not the best for us as we try to
“fix” it. Victims are no different. They are trying to work through the
process.
v) Batterers usually promise to change and reassure victims that it will not
happen again. Just like promises of change in any relationship, battered
women often believe these promises.
Note: Understanding that leaving is a process is critical to answering the
question, “why she stays?” Emphasize that battering relationships are similar
to “normal” relationships in this respect. Ask how many of them have stayed in
a relationship even after it wasn’t good for them? How many of them have
returned to a bad relationship to try to “work on things” or because one person
promises to change? These are normal phases of leaving a relationship and most
of us go through a process of this sort; the difference in battering relationships is
that one person is not always free to leave if they choose.
L) Cycle of Violence: It has not been researched extensively. Some people claim
that the cycle gets shorter and the abuse more severe, but this is not well
established by research. Battered women and advocates find the model helpful
to explain some patterns of abuse. Many advocates and victims find it intuitively
powerful and provide anecdotal support as it fits with their lived experiences. It
also may help explain why women drop charges or refuse to testify in court – if
they are in the “honeymoon” phase. There are three phases:
i) Tension building phase. It can last hours, months, or years. It is the time
when the aggressor is edgy, irritable, and possessive. It is that sense of
walking on eggs.
ii) Explosion. The batterer “explodes” and commits acts of aggression and
violence.
iii) Honeymoon Phase. The aggressor comforts the victim, promises to change,
promises never to do it again, gives her gifts or otherwise behaves in ways
that will get her to stay.
6) Why Do Batterers Batter? Social scientists have spent a lot less time investigating
why he batterers compared to why she stays.
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A) Society says that is OK. Society does not hold batterers accountable. Laws and
other punishments are not consistently enforced and punishments, when they
are administered, are often minor.
B) It Works. The victim can be controlled by the violence. When victims are afraid
they often comply with the demands of the batterer.
C) It’s a Choice. Batterers choose to use violence to control victims. They do not
value relationships where men and women are equal partners and decision
makers
7) What does not cause battering?
A) Mental or physical illness. The vast majority of batterers suffer from no form of
mental illness.
B) Genetics. There is no biological cause of battering that is genetically passed from
generation to generation.
C) Alcohol/Drugs. Batterers may abuse alcohol or other drugs but the use, alone,
does not cause the violence. Most batterers also are violent when they are not
under the influence of any drugs, thus their abuse is not a caused by the drug.
Most abusers will not stop battering simply because they stop using a drug.
D) Anger and Out of Control Behavior. While batterers may appear to be out of
control when they engage in violence, most are able to control their actions.
Most of them can control their anger and do not use violence with others when
they are angry. For example, most batterers don’t beat their bosses when they
get angry. Many batterers also deliberately hit in a controlled way. For
example, hitting in areas that don’t show so that others won’t see the bruises is a
very controlled act.
E) Stress. Everyone suffers from stress but it does not “cause” people to be violent.
Many episodes of domestic violence happen when the batterer is not under
stress. Stress can’t explain why the batterer beats his partner but not his boss
when stressed out.
F) The victim NEVER causes it. The victim is never responsible for the batterer’s
choice to use violence. No action justifies physical violence. If the victim’s
behavior is not tolerable to the batterer, the appropriate action is for him to leave
the relationship, not to use violence to resolve issues.
8)
Warning Signs of Batterers What to Look for in Batterers – They may:
A)
B)
C)
D)
Be highly critical of his partner.
Express derogatory attitudes and use inappropriate words to describe women.
Be sexually coercive, insisting on sexual interaction after a violent incident.
Become increasingly possessive or jealous
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E)
F)
G)
H)
I)
J)
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Exhibit violent anger physically to animals and/or children
Cite drug and/or alcohol use as an excuse for violence.
Use controlling behaviors.
Espouse traditional sex roles, expecting the victim to serve him.
Dr. Jekyll—Mr. Hyde syndrome
Blaming other people for behavior or problems
9) Effect on Children
A) There is a great deal of evidence that many children are exposed to domestic
violence.2
B) For example, national victimization data indicates that children were present in
45% of the homes where women were battered.3
C) There also is an increasing awareness that children who are exposed to domestic
violence are more likely to experience child abuse, and that men who abuse their
partners also abuse their children.
D) In a national survey of more than 6,000 American families, 50 percent of the men
who frequently assaulted their wives also frequently abused their children.4
E) Men who as children were exposed to their parents' domestic violence are twice
as likely to abuse their wives as sons of nonviolent parents.5
F) There also may be significant relationship between domestic violence and prenatal harm.6
i) Most studies do not find that pregnancy alone causes domestic violence;
however,
ii) Studies indicate that women with a history of physical violence by their
partner appear to be at increased risk for domestic violence.
iii) So pregnancy may not cause battering but may increase risk for those with a
history of experiencing battering in the relationship.
G) Consequences of battering during pregnancy7
i) Physical trauma is the leading cause of maternal death during pregnancy not
associated with childbirth (Campbell, 1995).
ii) Late entry of mother into prenatal care (not allowed to get health care by
batterer or victim afraid that abuse will be discovered)
iii) Low birth weight babies, premature labor, fetal trauma
H) Effects of Dual Exposure (Domestic Violence and Child Abuse). These children
show increased:8
i) isolation, shame, fear, guilt, and low self-esteem.
ii) post-traumatic stress disorder, anxiety, and depression.
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iii) risk of eating disorders, teen pregnancy, school dropout, suicide attempts,
delinquency, violence, and substance use.
iv) vulnerability to further victimization or perpetration
of violence
v) Problems with conflict resolution skills
vi) It is hard to determine which of these effects are related to child abuse or
exposure to domestic violence, or to both. It is commonly assumed that
children who grow up in a home with domestic violence are more likely to
either grow up to be abusers (men) or to marry abusers (women), but this is
not clearly established by scientific research.
I) Implications for Law Enforcement
i) When investigating a case of domestic violence or child abuse, be aware of the
connection between the two and explore the possibility that both are
occurring.
ii) When interviewing children in domestic violence cases, explore the possibility
of child abuse issues.
iii) When putting a domestic violence case together for prosecution and trial,
check child abuse allegations and records.
iv) Be aware of the fact that protecting victims also may have a residual effect of
protecting children. Remember that a woman who cannot protect herself from
harm can rarely protect her children from harm.
v) Be aware of the fact that a pregnant woman with a history of abuse is at
increased risk for battering during the pregnancy.
vi) Be aware of the risk of child abduction and the need for prompt responses
when victim of domestic violence call the police for issues associated with
custody or failure to return children when required from visitation.
10) Connections to Animal Abuse. There is an increasing awareness that there is a link
between animal abuse, domestic violence, and perhaps child abuse.9
A) In 1990s experts began to look at influence of animal cruelty as predictor for
violence in general and later domestic violence more specifically.
B) Studies report a wide range of figures estimating the risk (between 20 and 70%
of battered women reporting animal abuse as well). Either way, it is high
enough to warrant attention.
C) Most shelters do not allow animals and leaving pets with an abuser is one reason
some battered women stay (and/or it makes it harder to develop a plan to leave
that ensures the safety of the pet.)
D) Animal Abuse is used as:
i) a threat
ii) a way to demonstrate one’s ability to engage in cruel acts and shows ability to
carry out threats
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iii) a form of retaliation
iv) a form or punishment
E) Children are often witness to such displays of cruelty.
F) Law Enforcement Issues
i) When investigating cases of domestic violence, ask about pet abuse.
ii) If it has occurred, vet records may be something that can be used in an
investigation and trial.
iii) Provide assistance for victims who want to return to the home and retrieve a
pet. This may help her leave.
11) Special Populations. Many groups of victims have special needs and challenges.
If law enforcement officers are aware of these issues, they are better prepared to
respond effectively.
12) Victims with Disabilities: Remember – language is important. You are working with
people who have disabilities NOT disabled people. The disability is something the
person deals with, but it does not define them first and foremost as a person.
A) Unique challenges working with people with disabilities.
i) There is no concrete data on the incidence of the problem, but it is generally
believed that many people with disabilities are more vulnerable to
victimization. One study estimates that upward of 85 percent of women with
disabilities are victims of domestic abuse.10
ii) They are especially vulnerable to victimization because of their real or
perceived inability to fight or flee, or to notify others and testify about the
victimization.
B) Barriers to Service
i) Isolation. Most domestic violence victims are isolated, and this is magnified
when victims have disabilities. For example, it is easier to isolate someone if
they need help to leave the house.
ii) Limited access. Many facilities for victim assistance and criminal justice
agencies are not accessible or present significant challenges to people with
physical disabilities.
iii) Social attitudes. Many agency workers and criminal justice system workers
indicate that they are not willing to take the abuse seriously or help victims
with disabilities.
iv) Lack of experience. Many agencies and the criminal justice workers lack
experience working with victims with disabilities and do not know how to
respond.
C) Recommendations for Law Enforcement
i) Get training on the requirements of the Americans with Disabilities Act
(ADA) which prohibits discrimination against individuals with disabilities in
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all programs, activities, and services of public entities. ADA then, by
definition, prohibits treating a victim differently because they have
disabilities or to deny services because of accessibility issues.
ii) Reach out proactively to local disability service organizations and provide
them with information about victim rights and services, so agencies can
inform their constituents on how better to access the criminal justice system.
iii) Develop and implement specific protocols to better serve victims with
disabilities.
iv) Links to various ADA web cites to assist law enforcement officers working
with people with disabilities in general (not domestic violence specific):
http://www.ada.gov/policeinfo.htm
13) Elder Abuse
A) Definition: It includes the physical, sexual, psychological, and financial abuse of
the elderly. It also includes neglect or the failure of a caregiver to fulfill his or
her care-giving responsibilities and self-neglect which is the failure to provide for
one's own essential needs. Domestic violence in elderly populations is only one
kind of elderly abuse. It is often ignored in the field of domestic violence because
of an over-reliance on a child abuse model which often assumes that the elderly,
like children, are unable to care for themselves. These models rarely look at
domestic violence between elderly partners (e.g., domestic violence).
B) We also lack coherent definitions of elderly, in part because it is a relatively new
field of study. How old is elderly? Younger, incapacitated adults often are
included in statutes dealing with elder abuse if they have cognitive impairments
and cannot care for themselves.
C) Estimates of the Problem Vary Widely11
i) Some experts say elder abuse is as high as 1 in 5 and other figures range to 1
in 14. These figures include all elder abuse. Domestic violence figures are
lower.
ii) Victims ages 55-64 account for 3% of all domestic violence related crimes
reported to the police in Tennessee.12
iii) Victims over age 64 account for a little over 1% of these offenses.
iv) National victimization data (NCVS) demonstrate extremely low levels of
intimate violence for victims over age 65; in fact the numbers are too low to
allow for reliable estimates.13
D) Characteristics of Victims of Elder Abuse14
i) Victims are most often white, female, lower-income, over age 75 and living in
their own home.
ii) Males are over-represented as perpetrators of abuse.
iii) Husbands are most apt to be perpetrators in cases of domestic abuse.
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E) Legal Response. It is modeled on child abuse laws and involves protective
services, which often is not terribly helpful for elderly victims of domestic
violence.
i) Tennessee Adult Protection Act15
(1) The purpose of this Act is to protect adults from abuse, neglect or
exploitation by requiring reporting of suspected cases so that the
protective services can prevent further abuse.
(2) It includes domestic violence involving elderly victims but it also includes
other types of violence (e.g. children as caregivers who neglect or abuse
their elderly parents).
(3) It applies to adults (18 or over) who because of mental or physical
dysfunction or advanced age (age 60 and older) are unable to manage
their own resources, carry out the activities of daily living, or protect
themselves without assistance from others and who have no available,
willing, and responsibly able person for assistance.16
(4) It prohibits abuse, neglect and exploitation:17
(a) Abuse includes physical, emotional and sexual, neglect includes
neglect by a caregiver whether intentional or not.
(b) Self-neglect is the inability to care for oneself.
(c) Exploitation is financial and by law requires that government funds
be involved.
(5) Mandatory Reporting
(a) Anyone who has reasonable cause to suspect that an adult has
suffered abuse, neglect, or exploitation, shall report to the Department
of Human Services (DHS).18
(6) Notification to Police
(a) The Department of Human Services is required to notify the
appropriate law enforcement agency in all cases involving abuse,
neglect, or exploitation of the adult by another person or persons.19
(7) Obligations of Law Enforcement
(a) Law enforcement officials shall cooperate with the department of
human services in providing protective services to elderly victims and
is specifically discussed in state statutes.
(b) When the department is unable to return an adult to physical custody
who voluntarily leaves such custody, law enforcement officials shall
assist in returning the adult to such physical custody and shall give
priority in providing such assistance.20
(8) Law Enforcement Response
(a) Officers should be aware of the fact that elderly people can still be
involved in domestic violence. Do not rule it out as a possibility
because of a stereotypical view of the elderly as frail and harmless.
(b) Law enforcement should report results of any elder/patient abuse
case, where some culpability is found, to their regional Department of
Health.
(c) State law also prohibits any offender arrested for physical harm or
abuse of a victim 60 years of age or older shall not be released within
twelve hours of arrest unless sufficient time has elapsed so the victim
can protect him/herself. A person who violates a condition of release
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associated with elderly abuse shall be subject to immediate arrest
with or without a warrant.
14) Teen Victims.
A) It is a prevalent problem.
i) The most recent data from the National Crime Victimization Survey, which is
the federal, national victimization study, indicates that almost one-fourth
(24%) of victims of intimate partner assaults in the US are under age 19.21
ii) Ten percent of assaults reported to the police in Tennessee involve victims
under age 18.22
iii) Teen victims are underserved by victim service agencies and the criminal
justice system.
B) Domestic violence involving teens is often invisible.
i) Dating violence has received less attention, although this is changing. It is
short sited to think that batterers only begin to batter after they reach adult
status. They most likely practice many techniques in dating relationships in
their teens.
ii) Teens tend to be very secretive about the abuse and violence which also helps
keep it under the radar.
iii) There also may be a tendency in society to think that teen victims can “leave”
easily; they just need to break up with their batterer.
iv) However, many of the same issues remain. Teen victims are afraid to end the
relationship, and their batterers use coercive tactics to keep them in the
relationship. Like adult victims, they experience embarrassment, shame,
and confusion. Threats from the abuser may be present. The potential
fatality of these relationships should not be underestimated simply because
victims are teens. Victims fear the abuser will engage in revenge if they tell.
For example, he may tell friends at school that she is a slut. He may say she
is doing drug or use other coercive tactics to harm her. They may be afraid
they will lose privileges. Some parents may think they can protect victims if
they restrict their ability to leave the house or use the car.23
C) Unique Issues Pertaining to Teen Victims
i) Victims usually don’t want their parents to know which poses challenges in
terms of law enforcement and victim assistance services.
ii) Some common types of victimization that people dismiss as “kid stuff” or
“boys will be boys” may be abuse and are often crimes.
iii) Teens risk having their abuse reported to Child Protective Services if they
seek out help because of mandated reporting laws.
iv) Teens have less knowledge about and access to services. They may face
transportation issues, lack fees for services, or find that agencies will not
maintain confidentiality because of their age. There also is not much
outreach done to this age group. For example, few schools do educational
programming on the issue and many counselors lack training in the area.
v) Teens face more difficulty accessing protective orders.
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D) Access to Protective Orders24
i) Victims of dating violence who meet other statutory requirements who are
under age 18 in Tennessee can be granted a protective order but an unemancipated minor needs the petition signed by their parents or guardians.
Obviously, if they won’t tell their parents they cannot get an order. Most teen
victims refrain from telling anyone, especially their parents, about the
violence experienced in dating relationships. A requirement of parental or
guardian consent becomes an insurmountable obstacle to accessing the
justice system. As a result, victims may remain in dangerous relationships
simply because they do not want to tell or involve their parents.
ii) The petition may be signed by a caseworker at a not-for-profit organization
that receives funds for family violence, child abuse prevention, or shelters as
long as the petition is not filed against the minor’s parents or guardians;
however, unless the court rules otherwise, copies of the petition and other
court orders will be given to parent(s).
iii) The petition also may be filed by juvenile court officials under certain
circumstances when the case involves children’s services and/or other court
agencies.
E) Law Enforcement can respond by:
i) Increasing training for SRO officers. Many social service agencies lack vision
and funding to do outreach to schools. Many schools won’t allow
programming for fear of alienating parents, so little information about law
enforcement or social services are available to teens.
ii) Thus SRO’s have potential to do important education, prevention and law
enforcement with respect to teen intimate partner violence (even if it is in a
more informal capacity such as a one-on-one with students who demonstrate
that they are involved in these relationships).
iii) Enforcing all relevant laws regardless of the age of the victim and offender
iv) Providing safety planning information for teen victims
v) Working with community officials to highlight this problem and make it a
community initiative
vi) Referrals: National Teen Dating Abuse Hotline at http://loveisrespect.org/ or
call 1-866-331-9474
15) Minorities
A) Generally speaking, data suggest that women of color experience higher rates of
domestic violence victimization but it varies by population.
B) There is no single “minority” experience. African-Americans, Hispanics, Asians
have different cultures even within the minority communities. For example,
people from Mexico and Guatemala have different cultural experiences and may
speak different dialects of Spanish.
C) Myths associated with various minority populations affect enforcement
differently. For example, there is a tendency to dismiss violence against Asian
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women assuming they are “naturally” more subservient. Similarly, there can be
assumptions that Hispanic cultures are “naturally” more accepting of machismo
and therefore domestic violence.
D) Cultural and/or racial isolation increases power of batterer. Isolation helps keep
women dependent upon batterers. If victims are afraid to call the police because
of cultural values that discourage it, then batters have increased ability to isolate
and control their victims.
E) Economic dependency may be magnified given the interaction between race and
income in our culture. Women of color disproportionately come from poorer
homes, and thus the issues related to financial dependency and ability to leave
are more pronounced.
16) Barriers.
A) Women of color often face both cultural barriers and a fear of racism when they
are seeking help healing from violence in their lives. Women of color have often
encountered rudeness and poor service by law enforcement and social services
because of their minority status. This experience can make them reluctant to
seek help or call the police.
B) Women of color often fear that their batterers will be arrested simply because of
their minority status. They also fear that their batterers will be treated more
harshly by the criminal justice system because of their race.
C) Some minority communities historically have seen the criminal justice system as
an oppressive force, and there can be pressure not to take problems outside of the
community. There can be a sense that doing so is “airing dirty laundry”.
17) Law Enforcement Response
A) Officers need to learn about other cultures so that they can better respond within
the context of each culture. Officers should sensitize themselves and be aware of
their own stereotypes so that officers can resist differential law enforcement
practices.
B) Enforce the laws regardless of the race of those involved.
C) Identify agencies that offer services specially targeted for minority groups and
provide referrals. Victims may be more apt to seek out services if agencies are
culturally sensitive.
18) Male Victims
A) As previously discussed in the training, most victims of domestic violence are
female, but male victims exist and are often invisible.
Victim Assistance
Section Six, Page 17
B) There are stereotypes that deny male victimization. It is seen as effeminate.
Men are supposed to be the “king of their castles” and certainly able to physically
outmatch any woman, especially their partners.
C) Male victims may have fears about the type of reception or reaction they will
receive from the police. They may mistakenly believe that social service agencies
will not or cannot help male victims. While agencies may not be able to
accommodate men in shelter, they usually can secure free alternative housing
(such as a hotel room). They also generally provide other services; however, male
victims may feel isolated as it is often hard for them to find others in their
circumstances.
D) Police officers should be careful to ensure that male victims are treated fairly
under the law. They also should be sensitive to ensure that they do not insult
the victim’s masculinity.
19) Immigrant and Non-English Speaking Victims. Immigrant women may suffer
higher rates of battering than U.S. citizens because they may come from cultures
that are highly supportive of domestic violence.
A) Access Barriers
i) Fear of deportation if they are undocumented or here illegally. They also
may fear deportation for their partners which is particularly scary if victims
are financially dependent upon the batterer.
ii) Language barriers may prohibit victims from getting help, understanding
their rights, or leaving the batterer. They also may lack access to bilingual
shelters or other social services.
iii) Victims may think the penalties and protections of the U.S. legal system do
not apply, especially if they are undocumented.
iv) Lack of interpreters at critical stages makes the situation more complicated
(e.g. 911 calls and police investigations)25
B) Non-English Speaking Victims.
i) Do NOT assume that all non-English speaking victims are undocumented
(illegal) residents. Do NOT assume that all Spanish speaking individuals
speak the same dialect.
ii) Officers should not use family members, in particular children, to interpret,
other than as a last resort. Any use of a family member or child as an
interpreter at the scene should only be for the purpose of establishing facts
that might secure the immediate safety of all parties.
iii) Access telephone support to get interpreters (e.g. services used by dispatch in
your jurisdiction).
iv) If officers must use a member of the family or member of the public to
interpret at the scene, this should be recorded in the report. Note that
statements are being made through an interpreter that is a relative.
Translations may not be correct and are harder for the victim to establish if
Victim Assistance
Section Six, Page 18
the official report fails to document the possibility of inaccurate or biased
interpretations.
v) The suspect should never be used to interpret for the victim in an interview
situation.
C) Law Enforcement Issues
i) Inform victims that shelters are not required to ask victims about
immigration status and will not contact officials (but be sure this is correct of
the shelter in your area).
ii) Carry materials with you (such as Victim referral information) that are
written in Spanish and English.
iii) Find someone in your community to translate flyers/brochures if you do not
have them in your Department.
iv) Ensure that you know how to access interpreters in your community.
v) Use resources like the Tennessee Coalition Against Domestic and Sexual
Violence Immigrant Legal Clinic (information at:
http://www.tcadsv.org/TCADSV%20Immigrant%20Legal%20Clinic.htm)
20) Trafficking
A) Human Trafficking is a form of modern-day slavery.
i) Victims of trafficking are exploited for commercial sex or labor purposes.
ii) Traffickers use force, fraud or coercion to achieve exploitation.
iii) Examples include: massage parlors, brothels, strip clubs, escort services,
prostitution rings, domestic situations as nannies or maids, sweatshop
factories, janitorial jobs, construction sites, farm work, restaurants,
panhandling, factory jobs
iv) Traffickers lure victims—predominantly poor, unemployed, or
underemployed women and children—with false promises of good jobs and
better lives.
v) Traffickers exercise multiple forms of control to ensure that victims cannot
seek help or escape their enslavement.
vi) They typically seize victims’ legal documents; charge excessive fees for
housing, food, and other basic needs; and force victims to work long hours
with minimal or no pay and under brutal and inhuman conditions.
vii) Victims are usually invisible in the communities in which they live and
work.
viii) After drug dealing, human trafficking is tied with the illegal arms
trade as the second largest criminal industry in the world, and it is
the fastest growing.26
B) Victims:
i) Often do not speak English and are unfamiliar with U.S. culture.
ii) Distrust outsiders, especially law enforcement. They fear deportation and
involvement with the criminal justice system.
iii) Often blame themselves and think that they should have been smarter and
avoided their predicament.
Victim Assistance
Section Six, Page 19
iv) May be unaware of their rights or may have been intentionally misinformed
about their rights in this country.
v) Fear for the safety of families in their home countries, who are often
threatened by traffickers (and harmed).
C) Identifying Human Trafficking
i) Evidence of a lack of control and lack of ability to move freely or leave jobs is
a warning sign.
ii) Bruises or other signs of physical abuse also can be a warning sign.
iii) Recent arrival from Asia, Latin America, Eastern Europe, Canada, Africa, or
India.
iv) Lack of ID or immigration documents.
v) Look beyond the surface. An example: A young woman from Guatemala was
kidnapped and brought to Florida by a Guatemalan native. He forced the girl
to work long, grueling days in tomato fields and then forced her to have sex
with him at night. Upon discovering the two together, his wife became
enraged. The man, in turn, physically assaulted his wife, who then called the
police. Local law enforcement initially treated the case as a domestic violence
situation, but wondered why a young, non-English-speaking woman was
cowering in a corner of the room. Suspecting that she could be a trafficking
victim, they took her to a local domestic violence shelter. What would have
happened to the young Guatemalan woman had the police not looked beneath
the surface of this situation that may have appeared to be a typical case of
domestic violence?
21) Homeless Victims. Many studies note that a high proportion of homeless women,
especially those with children, also are victims of domestic violence. Fifty percent of
24 cities surveyed by the U.S. Conference of Mayors identified domestic violence as a
primary cause of homelessness.27 Lack of affordable housing and lack of access to
shelters mean that many abused victims are forced to choose between a roof over
their head and homelessness.
A) Access Barriers
i) It is difficult to pursue criminal charges, protective orders and victim services
when you don’t know if you have a place to live or a bed for the night (or a
mailing address).
ii) Many domestic violence shelters have limited space. When victims end up in
homeless shelters, often staff are unfamiliar with the needs of domestic
violence victims.
iii) Negative images that portray the homeless as mentally ill, drug users, lazy,
and dangerous all make it difficult for domestic violence victims to get the
help they need.
B) Law Enforcement Issues
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Section Six, Page 20
i) Inform homeless victims about shelter services for domestic violence victims.
They may have ended up in a general shelter because of lack of information
about domestic violence shelters.
ii) Be aware that many homeless women are domestic violence victims when you
interact with them.
iii) Inform them that protective orders can grant possession of the house. Many
times divorce proceedings are too expensive and take too long to be effective
in terms of housing. Homeless women may not know that there are other
forms of relief than can help them and may cost little or nothing. Refer them
to local domestic violence agencies and/or legal assistance agencies.
22) Rural Victims. They face many unique issues.28
i) Geographic and social isolation increases the power of abusers to establish
control.
ii) It is more difficult to disappear for any length of time in a small area where
everyone knows everyone else. It may be very easy to find someone in a town
of 500 people.
iii) Victims often are concerned about confidentiality in small communities.
They may fear that law enforcement officers and/or social service agencies
will tell people about any contact and their batterer will find out.
iv) Limited service options exist because of a lack of social services. The closest
women’s shelter or domestic violence program may be many miles away in
a town or city unfamiliar to the victim. Accessing services is almost
impossible for women who don’t drive or must rely on their partner for
transportation. Victims rarely have access to any legal assistance agencies
because they rarely exist in rural areas.
v) Firearms in the household may be more common increasing her danger level.
vi) Poverty rates are often higher in rural areas which also makes it harder for
victims to access resources to secure services (e.g., get access to a car, or
spend a night in a hotel) or to leave.
vii) The shortage of healthcare, combined with poverty, means less access to
medical treatment for injuries and less opportunity for health care providers
to intervene.
B) Law Enforcement Issues
i) Response times may be slow if the jurisdiction is large and staffing is low.
ii) Officers and others in the criminal justice system may be well known to
perpetrators (and even related to them) in small towns.
iii) There may be a lack of social service agencies to assist law enforcement
agencies.
iv) It is hard to keep secret the location of any shelters.
v) Arrest may be one of the few resources for victims in rural areas. As such,
arrest is even more important because it may be one of the only types of
assistance available in rural areas given the absence of other support
services.
Victim Assistance
Section Six, Page 21
vi) It also is especially important that officers ensure they adhere to the laws
that require officers to transport and provide transportation for victims given
the geographical barriers associated with seeking help.
23) Same Sex Victims (LGBT)29
A) Historically same sex domestic violence has been ignored, even within the gay
community.
i) Even the term same sex domestic violence ignores bi-sexual and
transgendered victims of intimate partner violence. Transgendered
individuals are defined as those individuals appearing as, wishing to be
considered as, or having undergone surgery to become a member of the
opposite sex. Most LGBT domestic violence researchers and services contend
that domestic violence in LGBT relationships is just as widespread as
domestic violence in relationships between heterosexual couples.
ii) LGBT violence has often been treated less seriously. There is some
indication that violence in heterosexual couples is seen as more serious and
aggressive compared to LGBT relationships. As a result treatment is often
recommended and arrest ignored.
iii) Social service agency workers and law enforcement often use language that
alienates victims by assuming that victims are heterosexual. For example,
did you husband beat you up? Instead of did your partner beat you up?
iv) There is a lack of social services and agencies to deal with this issue
specifically.
B) Unique Issues.30 Perpetrators may:
i) threaten to “out” a partner to friends, family, employers, police or others.
ii) reinforce fears that no-one will help a partner because s/he is lesbian, gay,
bisexual or transgender.
iii) tell the partner that abusive behavior is a normal part of LGBT relationships,
or that it cannot be domestic violence because it is occurring between LGBT
individuals.
C) Barriers to Addressing the Problem
i)
ii)
iii)
iv)
v)
Poor or inconsistent law enforcement response.
Lack of full access to family courts and equal protection under civil laws
Lack of accessible and sensitive services.
Victim’s fears of being outed.
Victim’s hopelessness and/or fear of reprisals.
D) Law Enforcement Response
i) Use gender neutral language when interviewing victims if you are not
absolutely sure of the gender of the perpetrator. Use partner or intimate
partner instead of husband, boyfriend, etc.
ii) Treat these cases the same under the law. Arrest when legally able to do so.
Victim Assistance
Section Six, Page 22
iii) Inform victims they are eligible for protective orders.
24) Law Enforcement Officers as Perpetrators
A) Reported Estimates of Police Domestic Violence High31
i) Two studies report that between 24 and 40% of police officer families
experience domestic violence, making it more common that among the
general population.
ii) However, there really is no reliable data. These studies have critical
methodological flaws that make these estimates highly suspect.32
iii) There is evidence that departments are lenient when dealing with these
cases. One national study conducted in 1997 found that only 9% of police
departments nation-wide had identified officers who had domestic violence
convictions after federal legislation was passed restricting weapon use for
officers with these convictions. Data revealed that less than 1% of the
officers in the sample had convictions, but that about half (52%) of these
cases had been expunged -- meaning that the conviction had no impact upon
officers ability to keep their job and/or carry a weapon.33
B) Victims of law enforcement officers are particularly vulnerable because the
officer who is abusing them:
i) has a gun,
ii) knows the location of battered women's shelters,
iii) knows how to manipulate the system to avoid penalty and/or shift blame to
the victim,34
iv) has knowledge of surveillance tools,
v) has the ability to get information, such as running license plates, obtaining
documentation, finding unlisted phone numbers,
vi) can harass or get officer friends to harass the victim and the victim’s family
or friends with traffic stops, evidence planting, and false arrests.35
C) Issue Needs Attention
i) A police department that has batterers on the force compromises it’s
legitimacy with the community and exposes the department to legal liability.
ii) It also increases danger for victims and officers (many officers commit
murder and then suicide).
D) International Association of Chiefs of Police (IACP) Model Policy36
i) Offers a comprehensive, pro-active approach to domestic violence by police
department employees with an emphasis on victim safety.
E) Components of the policy include:
i) Prevention and Training
Victim Assistance
ii)
iii)
iv)
v)
Section Six, Page 23
(1) Departments should review the records of all employees to determine
whether they have convictions for domestic violence convictions or
protective orders
(2) If so, the department legal counsel and/or city/county attorney should be
consulted immediately regarding continued employment or duty
assignment.
(3) Implement a zero-tolerance policy towards police officer domestic violence
and do not tolerate violations of the policy.
(4) Provide ongoing training to every officer on domestic violence and the
zero-tolerance policy throughout all phases of the police officer’s career.
Early Warning and Intervention
(1) Conduct Pre-Hire Screening and Investigations (background checks and
direct interview questions).
(2) Increase awareness of the policy with family members through outreach.
(3) Supervisors should document and act on warning signs.
Incident Response Protocols
(1) The department should document, and preserve all reports.
(2) The on-scene supervisor should forward a copy of the report alleging
domestic violence by an officer to the chief through the chain of command.
(3) Communications officers/dispatchers should give these calls high priority
and immediately inform a supervisor of the call.
(4) Upon arrival on the scene of a domestic violence call or incident involving
a police officer, the primary patrol unit should immediately notify
dispatch and request a supervisor of higher rank than the involved officer
report to the scene. Responding officers should investigate this case as
any other, while waiting for a supervisor.
(5) Supervisors should immediately report to the scene, ensure that all
evidence is collected, and ensure an arrest is made. If the alleged offender
has left the scene and probable cause exists, the supervisor should seek
an arrest warrant for the officer. If an arrest is not made, the on-scene
supervisor should explain the situational in a written report which is
forwarded to the Chief.
Victim Safety and Protection
(1) Departments should work with community resources and advocacy
agencies to connect victims and their children to provide appropriate
services.
(2) Designate a command staff person to be the principal contact for the
victim.
(3) If an officer suspects intimidation or coercion of the victim/witness, the
officer should prepare a written report to be delivered immediately to the
investigator in charge of the case through the chain of command.
Post-Incident Administrative and Criminal Decisions
(1) Departments should conduct both criminal and administrative
investigations.
(2) Regardless of the outcome of the criminal case, the department should
secure administrative sanctions if the facts of the case support it.
(3) Where sufficient information/evidence exists, the department should take
immediate administrative action against the accused officer that may
Victim Assistance
Section Six, Page 24
include removal of badge and service weapons, reassignment, sanctions,
suspension, or termination.
25) Role Play Scenarios (60 minutes)
Facilitator: The purpose of this role play is to offer an opportunity for students to test
their knowledge and skills in handling domestic violence assault calls. The role players
are asked to respond to realistic situations while observation and critique involve the
audience.
Responding Officers: Choose two students to role play as the responding officers for
each scenario. Remind the students to perform professionally as they will be graded on:
•
•
•
•
•
•
•
•
•
•
•
Tactical approach;
Attention to the problem;
Control of the problem;
Effective communication and command of voice;
Using tact;
Identifying victim and offender and decision-making ability;
Apprehending the offender and coordinating with & support of fellow offenders;
Use of force;
Effective collection and documentation of evidence;
Establishing probable cause and legal knowledge; and
Victim assistance
Have students check their weapons and make sure they are unloaded. Take the
responding officers to another room to await further instructions.
Victims and Witnesses: Choose students to play the victims, suspects, and witnesses for
each scenario. Describe the scene to the actors, and tell them about their characters’
situations and emotional states. Remind the actors to stay in character throughout the
entire role play. Give them a copy of their roles and ask them to study them while you
brief the class.
Evaluators: Distribute role play evaluation forms to the students who will be observing.
Review the form with the class. Ask the students to pay close attention and to use the
form to grade the responding officers’ performance.
Situation 1
A concerned citizen (would not give her name) called the police about Mr. And Mrs.
Johnson fighting all the time. Mr. Johnson is a Sergeant with the local police
department. The police have never received a call to this address before. When they
arrive on the scene, Sgt. Johnson acts surprised that they are there. He tells the
officers that no one called the police and that the call must be a mistake. He states that
everything is under control and that the officers don’t need to stay, as he knows that it’s
a busy time of night for them.
Victim Assistance
Section Six, Page 25
If the officers enter the residence, they will find that the TV in the living room has been
smashed, that chairs have been overturned in the kitchen, and that a hole in the wall in
the hallway appears to have been made by a fist. The officers also observe children’s
toys scattered about.
Note: Sgt. Johnson is wearing his service revolver.
Instructions for Actors
Bill Johnson: Acts real calm and polite at first hoping the officers will leave. If the
officer’s don’t leave, then he becomes belligerent, insisting that they leave. He tells
them that he knows the law, and “They can’t tell him a damn thing.” Plus, he is a
veteran officer with 17 years of experience, and they are just a bunch of rookies. If
asked about the damage to the TV, the overturned chairs in the kitchen, and the hole in
the wall in the hallway, he states that they had a “little argument,” and that his wife
went crazy and caused all the damage. But he has her under control, and the officers
can leave. He tells the officers that his wife is in the bathroom. If the wife comes out of
the bathroom, he begins saying, “Look at her, she’s the crazy one”. If the officers
examine Sgt. Johnson’s hands, they will find scrape marks on his right fingers and
knuckles consistent with putting his fist through the wall.
Susan Johnson: She is crying and clearly shaken up. She doesn’t want to talk to the
police at first, but if she hears her husband telling the police that she is crazy and that
she did the damage to the house, she becomes upset and starts yelling back at her
husband. If the officers separate them, she will at first be angry with the police saying
that they won’t do anything to help her because her husband is one of them. If the
officer is able to calm her down, she will tell him that the abuse has been going on for a
long time. Her husband has always told her not to call the police because they wouldn’t
believe her. And that if she ever did file charges against him that he would kill her. He
said he knew how to kill her and get away with it. That evening he came home from
work and started yelling at her, accusing her of “running around on him” and of being “a
lazy bitch” that sits in front of the TV all day. He threw the TV on the floor, chased her
into the kitchen, knocking over chairs, and cornered her in the hallway. He raised his
fist to punch her and she moved out of the way as his fist hit the wall. She ran into the
bathroom and locked the door where she stayed until the police got there. She states
that she is afraid of her husband.
Children: There are two children, ages 5 and 8, hiding in their rooms. They will not
come out unless the police officers ask if there is anyone else in the house. If the police
do interview them, they will be too scared to say anything.
Debriefing after Role Play: Following the role play, the class should discuss the
scenario, giving feedback to the responding officers by using the criteria on the
evaluation form. Discuss the following issues:
1. Even though Sgt. Johnson says everything is under control, the officer should insist
on talking to Mrs. Johnson and interview her separately from her husband.
Victim Assistance
Section Six, Page 26
2. They should also inquire if there are any children in the home and talk to the
children.
3. Officers should assess for injuries, give Mrs. Johnson the victims’ rights notice, and
offer to transport her and the children to a place of safety.
4. They should take pictures of the crime scene and record Mrs. Johnson’s statements
about what happened in their report.
5. A supervisor should be called to the scene consistent with departmental policy since
the suspect is a police officer.
6. Probable cause to arrest Sgt. Johnson for assault is established by the following
evidence:
a)
Statement from Mrs. Johnson about what happened and her fear of her
husband.
b)
Scrape marks on the right fingers and knuckles of Sgt. Johnson consistent
with putting his fist through the wall.
7. Victim’s reluctance to prosecute should not be taken into consideration when
establishing probable cause to arrest.
8. Remind class that anyone convicted of a misdemeanor or felony crime involving
domestic violence is prohibited from possessing a firearm or ammunition pursuant to
federal law. The arrest and subsequent conviction of a police officer means that he will
most likely lose his job. This increases the suspect’s potential for lethal assault.
Situation 2
Bruce Green called the police complaining about his roommate Bryan Mosely being drunk
and threatening him.
When the officers arrive on the scene, Mr. Green walks out to meet the police. He states
that his roommate is drunk and is threatening to “kick his ass”. Mr. Green also says he
doesn’t know why Mr. Mosely is threatening him; he was just looking around in Mr.
Mosely’s room for something when he came home.
Mr. Green goes on to tell the officers that he was looking for Mr. Mosely’s portion of the
rent that was due. The officer’s will discover, if they ask, that both roommates are on the
lease and that they are lovers and have been living together for some time.
Instructions for Actors
Mr. Green: Acts afraid and knows how violent Mr. Mosely can be when he is drunk. About
three months ago, Mr. Mosely got drunk and physically assaulted Mr. Green during a
similar argument about the rent. Mr. Green admits to going through the drawers in Mr.
Mosely’s room looking for money, but had no intention of taking anything else that Mr.
Mosely is accusing him of doing. Mr. Green also admits that he and Mr. Mosely are lovers
Victim Assistance
Section Six, Page 27
and that he is deeply hurt by all of this. He goes on to tell the officers that Mr. Mosely is an
alcoholic and often uses the rent money to buy beer. Mr. Green is very upset because he
has been trying to get his lover to go to AA and get help. The physical abuse only happens
when Mr. Mosely is drunk, and Mr. Green is fearful that he will become physically violent
tonight.
Mr. Mosely: Acts agitated and a little unsteady on his feet because he has been drinking.
He tells the police that he is sick and tired of his roommate going through his stuff. He
says that he wants Mr. Green to get his stuff and get out. He is tired of Mr. Green acting
like he owns him, telling him what to do, when to be home, what to wear, etc. If allowed to
be in the same room with Mr. Green, he will begin yelling threats such as, “You better get
your stuff and get out tonight, or I’m going to kick your ass.”
Debriefing after Role Play: Following the role play, the class should discuss the scenario,
giving feedback to the responding officers by using the criteria on the evaluation form.
Discuss the following issues:
1. The officers should separate the parties and interview them individually.
2. If Mr. Mosely makes threats against Mr. Green in the presence of the officers or
admits to threatening him prior to their arrival, these threats along with statements
made by Mr. Green can be used to establish probable cause for arresting Mr. Mosely.
3. If Mr. Mosely does not make threats against Mr. Green in the presence of the
officers or fails to admit to threatening him prior to their arrival, the officers may
not have enough probable cause to make an arrest.
4. In either event, they should provide Mr. Green with the victims’ rights notice and
offer to transport him to a place of safety.
5. If the officers do not make an arrest, they should also offer to transport Mr. Green to
get a warrant.
Situation #3
Jane Smith and David Jones are at the mall with their friends. Jane’s friend, Sally
calls the police from the restroom and states that Jane is going to get the crap beat out
of her in the parking lot when they leave the mall. Her boyfriend David has threatened
her in front of several of their friends in the food court. Both Jane and David are 16.
When the police arrive at the scene, they find Jane in the food court crying.
Instructions for Actors
Inform all actors that all of the participants in this scenario are very wary of the cops.
They are not to reveal the information they know unless the officers are persistent and
patient.
Victim Assistance
Section Six, Page 28
1. Jane Smith: She is quiet and withdrawn. She is crying but has no apparent
injuries. She tells the police there is no problem -- that she and her boyfriend have had
a fight. He is somewhere in the mall with his friends. She denies that he has
threatened her and insists it was just a fight. It will take a lot of time and effort from
the police to find out that she has been beaten up by him before a few days ago. She
says it is her fault, because she had sex with another boy when they were supposed to
be dating only each other. Her mom saw the bruises and knows that he hit her, but
Jane told her that it was an accident when they were playing around. The prom is next
week and she wants to have a date. She insists that it is no big deal and that she just
wants the cops to go away. She is begging them to leave stating that they are
embarrassing her. If the officers specifically ask about any prior injuries, she will show
them a bruise from last week when he hit her at school. She will deny that it is
important though and state that she bruises easily. She will not admit that he hit her
today. If the officers specifically ask about notes from him, she will reveal that she has
several apologizing for his last abusive incident at a party, begging for forgiveness and
telling her that he can’t wait to take the love of his life to the prom. She will give them
to officers, but only if asked.
2. David Jones: If the police look for him, they will find him in the parking lot with his
friends. He is a local football star and a straight A student. His parents are wealthy
and prominent in the community. As soon as the police approach, he yells, I can’t
believe that bitch is saying I hit her. He says she is a crazy slut. He had sex with her
and then told her he didn’t want to see her again. She is stalking him and telling
everyone they are going to the prom. He says his folks have hired an attorney and they
are going to get a protective order on her. He says he has never hit her and he has to
go, he is late for football practice. He is insistent about leaving the scene. If police are
persistent and ask about prior incidents, he will admit that he pushed her out of his face
at a party last week, but that he did not hurt her.
3. Sally: If the police look for her she is hiding in the bathroom and afraid to come out.
She has seen David get angry before and she is afraid of him. She saw him slam his fist
through a wall at school last week when shoving Jane and calling her a slut. Two
teachers also saw this incident, but didn’t do anything except tell him he was going to
have to pay for the repair to the hole in the wall.
4. David’s friends: He has two friends with him: Steve and Jack. If the cops separate
the boys and ask, both of them will confirm that David slapped Jane in the mall earlier
and said he was going to “fuck her up good” if she didn’t stop asking him about the
prom. They also saw him shove her up against a wall at a party last weekend and
“rough” her up. They tell the cops not to tell David that they have “ratted” him out.
They are on the football team with him. Both of them say that they don’t really think it
was a big deal, David just is prone to loosing his temper. He didn’t really hurt her; he
just wants to “teach her a lesson” about having sex with other guys.
Debriefing after Role Play: Following the role play, the class should discuss the
scenario, giving feedback to the responding officers by using the criteria on the
evaluation form. Discuss the following issues:
Victim Assistance
Section Six, Page 29
1.
Even though Jane is reluctant to talk, she will reveal the prior victimization
if the officers are persistent. John also will confirm that he pushed her last week,
but only if officers are patient and thorough.
2.
The officers should interview Sally, Steve and Jack and record their
statements in the report. The officers should separate John’s friends from him and
from each other for the interviews. They should instruct John that he cannot leave.
The officers should find out where they were when she was slapped in the mall and
see if any employees in the food court saw the altercation (which they did).
3.
If the officers were not thorough in their interviews, they may not have
probable cause to arrest. They should give her the victims’ rights notice and offer to
transport her to a place of safety. They should tell her about local victim services
and re-affirm that it is against the law to hit her, no matter what she did.
4.
If the officers conducted thorough interviews, they have probable cause to
arrest. It is established by all of the witnesses. All of them corroborate a history of
abuse. Her bruises also are evidence. In addition to the witnesses in the scenario,
there are other possible sources. Jane’s mom can testify about the prior bruises.
Her teachers can testify about the incident at school. His friends can testify about
the incident at the party and about the incident at the mall. Mall employees can
testify about the mall incident.
5.
The officer should take pictures of the older bruises. He/she also should ask
if she needs medical attention. The officer should also give her the victims’ rights
notice and offer to transport her to a place of safety. The officers also should ask to
visit her in a few days to see if additional bruises have developed. If the officers
asked about notes, they will have documentation from David about his prior abuse.
David’s statement that he can’t believe that she said he hit her is a spontaneous
statement and should be included in the report. How did he know what she had
said? The officers had not notified them why they wanted to talk to him.
6.
The victim’s reluctance to prosecute should not be taken into consideration
when establishing probable cause to arrest.
26) Community Policing
A) It developed in response to several factors including:
i) The historical changes in policing (beginning in the 1950s) that put police in
cars and removed them from neighborhoods. Putting officers in cars took
them off the “beat” and put distance between the people in their
neighborhoods and officers. Doing so made it harder for officers to forge
relationships with people, get information about crime and victimization, and
therefore solve crimes.
ii) For the most part, traditional modern law enforcement practices have not
been able to make communities safer or to reduce fear of crime. Law
enforcement “needs” the community in order to effectively fight crime.
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Section Six, Page 30
iii) Both the extent and nature of crime in our communities require different
police strategies that involve citizens in identifying and responding to the
issues.
B) It requires:
i) the active participation of local government, civic and business leaders, and
public officials;
ii) fundamental changes in the structure and management of police
organizations;
iii) that police goals be expanded beyond crime control and prevention; and
iv) that police use a wide variety of methods to achieve these goals.
C) Two Core Components: partnerships and problem solving. Community policing
requires the police to:
i) develop community partnerships to address the problems of concern to the
community. Community members to bring their problems to the attention of
the police.
ii) encourage citizens to assist in solving the problems and concerns of the
police.
iii) It is a philosophy more so than a specific set of actions. It requires that the
organization and officers shift their frame of reference to seeing the
community as a partner in solving problems that are related to crime in a
wide variety of ways.
iv) If you have internet access, play the U-tube video in the PowerPoint. Note
how the police officer wants to talk about crime tips and misses the point in
terms of how the community wants to form a “partnership” and re-connect w/
officers. Their concerns are not necessarily what the officer has on his
“agenda”. Discuss how this focus of the meeting exemplifies community
policing and how it ultimately leads to better crime control.
D) Examples of Community Policing and Domestic Violence: Coordinated
Community Responses
i) Duluth created the model in their original program in the 1980s.
ii) Interagency communication and cooperation are key to the process.
iii) It established a task force model whereby all stakeholders came to the table
to coordinate the responses of all stakeholders. The key is the work they do
and the level of investment that all players have, not just that they meet.
iv) Coordinated Response Model: Key Components
(1) Philosophical Approach
(a) Create a coherent philosophical approach that makes victim safety the
most important goal. If victims aren’t safe, then it doesn’t matter
much what the rest of the system does. Victims won’t use it and it
defeats the purpose of reform.
(b) Eliminate victim blaming (attitudes and practices) in all areas of the
system which are significant barriers to victim access.
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(2)
(3)
(4)
(5)
(6)
Section Six, Page 31
(c) Instead of asking why won’t she use the system (i.e. arrest,
prosecution, etc), ask why she should use it? How will it help her?
(d) Understanding that the perpetrator is responsible for the violence, not
the victim. This focus ensures that the system is responding in ways
that keep the focus on the perpetrator.
(e) Examine all reforms to look for unintended consequences that may
put the victim in harm’s way.
Networking/Interagency Communication and Cooperation
(a) Interagency dialogue is a must. You must have wide participation and
cooperation from many agencies and systems that deal with the
problem including the criminal justice officials and social service
agencies, but also other facets such as representation from the
medical, clerical and educational communities.
(b) The process of setting up any Council is critical to its long-term
success. It needs people at the table willing to listen and learn from
each other about their roles and what barriers they face when trying
to work with battered women.
(c) It requires regular, focused meetings that identify ways to improve
service, increase accountability, and make needed changes when there
are loopholes or breaches in system response.
Policy/Protocol Development. Developing policies and protocols helps
ensure accountability at all levels.
(a) Focus is on agency accountability to ensure the agency is responsive.
(b) Focus on individual accountability to ensure that there is no doubt
about actions of individuals in those agencies.
(c) Formal policies and protocols help ensure that change is lasting –
beyond individuals who may leave agencies. It helps ensure that the
institutional memory, including practices, outlasts changes in
personnel and organizational structure.
Support for Victims
(a) The Council ensures that all essential services exist. It identifies
needs and targets funding. It ensures implementation in areas where
services are lacking.
(b) When examining how agencies interface and when developing policy,
the council focuses on the victims foremost. How does this practice
improve or impair a victim’s protection and safety?
Accountability
(a) Provides opportunities for treatment for offenders, but the central
focus is always on offender accountability.
(b) The Council assesses all agency and system responses to ensure that
batterers are held accountable at all levels.
(c) It holds agencies responsible for ensuring that batterers are held
accountable.
Evaluate Progress
(a) The Council collects data and uses it to evaluate changes to be sure
that changes are working as intended.
(b) There is a willingness to change policies and procedures in light of
findings. If the data show that a change is not working, there is a
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Section Six, Page 32
willingness to come back to the table and look for new ways to deal
with the issue.
(c) There is a willingness to recognize that some data will be difficult to
deal with in terms of differences in opinions, politics, and perspectives
of participants involved.
(d) In other words, the process demands that it demonstrates that change
is effective not just that “we think” this is working.
(7) Key Questions. Examples of questions for a Council:
(a) What will improve the community response?
(b) What kind of resistance will there be to a different proposal?
(c) Why would that resistance be there?
(d) Who are the key leaders to sell on trying something new?
(e) How could proposed changes backfire – for the community, the police,
and the victim?
(f) What kind of training on the proposed changes will be needed?
(g) How can changes be institutionalized (policy/protocol?)
(8) Impact for Law Enforcement Officers
(a) Departments, but also officers, need to play an active role in working
with coordinating councils. It is part of the partnership and problem
solving process. It helps officers connect to their communities.
(b) If there in no Council in your community, play an active role in
creating one.
(c) Councils ultimately help officers on the beat, because when all systems
work together, victims are more apt to cooperate with officers in arrest
situations and more apt to use the criminal justice system at all levels.
(d) Officers will have more options at their disposal including referrals to
service agencies that will respond effectively and ultimately reduce
the need for victims to rely upon police response.
E) Example: Family Justice Units
i) Pioneered in San Diego. They are somewhat of a new development in the
field. Domestic violence shelters have often served in this capacity, but lack
the ability to physically locate a diverse number of agencies at one location.
There are a handful of these units nationally (at least large, well-funded,
highly successful models).
ii) Knoxville is one of the federally funded centers.
iii) They are usually a place where all (or many) services for victims of domestic
violence are provided in one central location. They are designed to reduce the
burden of accessing multiple service providers, running all over town, and
spending an excessive amount of time to get services – time that may not be
available for victims trying to escape abusive situations.
iv) They increase interagency coordination because employees work in the same
building, know each other, and can walk down the hall to help resolve
interrelated system issues.
v) Services may include domestic violence advocacy, prosecution, police, housing
assistance, income assistance, civil legal assistance, medical assessment
and/or treatment, and faith-based support.
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Section Six, Page 33
F) Example: Specialized Domestic Violence Officers/Units
i) Are more apt to exist in large police departments. They may involve patrol
officers, detectives, crime analysts, and victim advocates working in one
department to address domestic violence cases.
ii) The idea is that they become “specialists” dealing with these cases. They
have a better grasp on content (e.g. new laws and research) and an enhanced
ability to deal with repeat offenders. It makes it harder for offenders to
subvert the system by dealing with a wide variety of officers who may have
little or no idea that other officers are also working with the same offender.
Specialized officers will have a better knowledge of victim services and
community coordination of these services, as well as working relationships
with other employees in these organizations.
iii) The experts in this unit also can play a role in education in training of other
officers and the community at large.
iv) In smaller departments, these same goals can be achieved if one or two
officers have primary responsibility for investigation of these cases. They can
become the departmental experts.
G) Ultimately: A police response that sees domestic violence as integral to
community policing and which engages with community wide responses
will provide better services to victims, enhance police response, and help
officers responding to calls for service.37
Victim Assistance
Section Six, Page 34
Sample Test Questions:
1. What is NOT a reason that a victim might stay in an abusive relationship?
a. Financial dependence on the batterer
b. Secretly desires the battering
c. Afraid of the children’s safety (if children are involved)
d. Still loves the batterer and believes promises of change
2. Which type of victims may be especially vulnerable because their spouse: knows
location of victim’s shelters, can manipulate system to shift blame to victim, has
a gun, and has knowledge of surveillance tools?
a. Immigrants
b. Rural victims
c. Victims of law enforcement officers
d. Teens
3. Which of the following is NOT a barrier for law enforcement response and
people with disabilities?
a. Victims with disabilities cannot do anything for themselves
b. May be isolated more easily
c. Agencies may lack experience working with people with disabilities
d. Social attitudes may be negative towards victims with disabilities
4. The following statements all describe human trafficking, except:
a. It is a modern day form of slavery
b. Generally victims are not forced or lured into it
c. Victims may work as sex workers or in domestic situations
d. Victims are usually invisible in the communities in which they live and
work
True/False
5. There is an increasing awareness that there is a link between animal abuse
and domestic violence. (true)
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Section Six, Page 35
References
1
Eigenberg, H. (2001). Woman Battering in America: Till Death Do Us Part. Waveland Press.
Herrenkohl, T., Sousa, C. Tajima, E., Herrenkohl, R. and Moylan, C. (2008). Intersection of child
abuse and children's exposure to domestic violence. Trauma Violence and Abuse, 9: 84-99.
2
Catalano, S. (2007). Intimate Partner Violence in the United States. Washington, D.C:
Justice Statistics. Available at: http://www.ojp.usdoj.gov/bjs/pub/pdf/ipvus.pdf
3
Bureau of
Strauss, M., Gelles, R., and Smith, C. (1990). Physical Violence in American Families; Risk Factors
and Adaptations to Violence in 8,145 Families. New Brunswick: Transaction Publishers.
4
Strauss, M., Gelles, R., and Smith, C. (1990). Physical Violence in American Families; Risk Factors
and Adaptations to Violence in 8,145 Families. New Brunswick: Transaction Publishers.
5
See Jasinski, J. (2004). Pregnancy and domestic violence: a review of the literature. Trauma
Violence and Abuse, 5: 47-64
6
See Jasinski, J. (2004). Pregnancy and domestic violence: a review of the literature. Trauma
Violence and Abuse, 5: 47-64
7
Herrenkohl, T., Sousa, C. Tajima, E., Herrenkohl, R. and Moylan, C. (2008). Intersection of child
abuse and children's exposure to domestic violence. Trauma Violence and Abuse, 9: 84-99.
8
See Ascione, F. Weber, C., Thompson, T. Heath, J., Maruyama, M., Hayashi, K. (2007). Battered
pets and domestic violence: animal abuse reported by women experiencing intimate violence and by
nonabused women. Violence Against Women,13: 354-373.
9
Tyiska, C. (1998). Working With Victims of Crimes with Disabilities: National Organization for
Victim Assistance.
10
See Payne, B. and Gainey, R. (2005). Family Violence and Criminal Justice: A Life-Course
Approach. (2nd Edition). Cincinnati: Lexis-Nexis.
11
Crime in Tennesee 2006 available at:
http://www.tbi.state.tn.us/Info%20Systems%20Div/TIBRS_unit/Publications/2006%20All%20Agencie
s%20Combined.pdf
12
Catalano, S. (2007). Intimate Partner Violence in the United States, Bureau of Justice Statistics.
Available at: http://www.ojp.usdoj.gov/bjs/pub/pdf/ipvus.pdf
13
See Payne, B. and Gainey, R. (2005). Family Violence and Criminal Justice: A Life-Course
Approach. (2nd Edition). Cincinnati: Lexis-Nexis.
14
15
T.C.A. §71-6-101
16
T.C.A. §71-6-102
17
T.C.A. §71-6-102
18
T.C.A. §71-6-103
Victim Assistance
19
T.C.A. §71-6-103
20
T.C.A. §71-6-115
Section Six, Page 36
Catalano, S. (2007). Intimate Partner Violence in the United States. Washington, D.C.: Bureau of
Justice Statistics. Available at: http://www.ojp.usdoj.gov/bjs/pub/pdf/ipvus.pdf
21
Tennessee Bureau of Investigation. Crime in Tennessee 2006. Nashville, TN: Tennessee Bureau
of Investigation. Available at:
http://www.tbi.state.tn.us/Info%20Systems%20Div/TIBRS_unit/Publications/2006%20All%20Agencie
s%20Combined.pdf
22
National Center for Victims of Crime (2003) If You are a Victim of Teen Dating Violence.
Retrieved May 21, 2008 from
http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32370
23
24
T.C.A. §36-3-602
Orloff, Leslye and Rachael Little. 1999. “Somewhere to Turn: Making Domestic Violence Services
Accessible to Battered Immigrant Women.” A ‘How To’ Manual for Battered Women’s Advocates and
Service Providers. Ayuda Inc.
25
U.S. Department of Health and Human Services (2008). Fact Sheet Human Trafficking.
Retrieved June 2, 2008, from; http://www.acf.hhs.gov/trafficking/
26
U.S. Conference of Mayors. (2006). A Status Report on Hunger and Homelessness in
America's Cities: 2006. Washington, D.C.: U.S. Conference of Mayors
27
See Websdale, N. (1998). Rural Woman Battering and the Justice System: An Ethnography.
Thousand Oaks, CA: Sage.
28
Renzetti, C. and Harvey, C. (1996). Violence in Gay and Lesbian Domestic Partnerships. New
York: Haworth.
29
Moore, K. and Baum, R. (2001). Lesbian, Gay, Bisexual And Transgender Domestic Violence In
2000. New York: National Coalition of Anti-violence Programs. Available at:
http://www.avp.org/publications/reports/2000ncavpdvrpt.pdf .
30
Neidig, P.H., Russell, H.E. & Seng, A.F. (1992). Interspousal aggression in law enforcement
families: A preliminary investigation. Police Studies, Vol. 15 (1), p. 30-38.
Neidig, A.F. Seng, and H.E. Russell, "Interspousal Aggression in Law Enforcement Personnel
Attending the FOP Biennial Conference," National FOP Journal. Fall/Winter 1992, 25-28.
31
See Eigenberg, H. and Kapperler, V. (2001). When the batterer wears blue: A national study of
the institutional response to domestic violence among police officers. In H. Eigenberg’s Woman
Battering in the United States (pp. 246-268). Prospect Heights, IL: Waveland.
32
See Eigenberg, H. and Kapperler, V. (2001). When the batterer wears blue: A national study of
the institutional response to domestic violence among police officers. In H. Eigenberg’s Woman
Battering in the United States (pp. 246-268). Prospect Heights, IL: Waveland.
33
Victim Assistance
Section Six, Page 37
National Center for Women and Policing. Police Family Violence Fact Sheet. Retrieved May 12,
2008 from http://www.womenandpolicing.org/violenceFS.asp
34
Purple Berets. Domestic Violence in Police Families. Retrieved June 3, 2008 from
http://www.purpleberets.org/violence_police_families.html
35
36
Available at: http://www.aardvarc.org/spring/DomesticViolence/DVbyPolice/IACPDVbyPolice.pdf